The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order, which applies to Wales, amends the Town and Country Planning (General Permitted Development) Order 1995, in relation to permitted development rights for certain forms of telecommunications development. Where such rights apply no specific application for planning permission is needed.

Article 3 of this Order and the Schedule substitute an amended and consolidated version, applicable to Wales, of Part 24 of Schedule 2 to the 1995 Order, which confers those permitted development rights.

The principal changes are:

(a) the introduction (Condition A.3(4)(b)) of a requirement that an application to the local planning authority for a determination as to whether prior approval is required must, if the development involves the construction or installation of one or more antennas, be accompanied by a written declaration that the equipment and installation to which the application relates is so designed that it will, when constructed or installed, operate in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-Ionising Radiation Protection; and

(b) the introduction of a revised prior approval procedure.

The revised prior approval procedure applies to development on article 1(5) land or land which is, or is within, a site of special scientific interest, or where the development consists of the construction, installation, alteration or replacement of: a mast; or of an antenna on a building or structure where the antenna would exceed the height of the building or structure by 4 metres or more; or of a public call box; or of radio equipment housing with a volume in excess of 2.5 cubic metres; or development which is ancillary to radio equipment housing.

The developer is required to notify the owner and any agricultural tenant of the land to which the proposed development relates, before making an application for prior approval.

In addition the local planning authority is required, upon receipt of such an application, to consult with certain persons and authorities, to issue certain notices and to take into account representations received by them when determining the application.

The time within which the local planning authority must determine the application is increased from 28 days to 56 days. If they fail to do so by the end of that period (or determine that no approval is required or that approval should be given) the development may proceed.

Other minor changes are made to Part 24, mainly for the purpose of clarification.